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U.S. Bankruptcy Court for the Southern District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of California

Rule: 4001-5

Jurisdiction: SDCAB

Bluebook Citation: Bankr. S.D. Cal. R. 4001-5

All Rules: Bankr. S.D. Cal. Local Bankruptcy Rules, complete index

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(a) Noncontested Motion. If no opposition to the motion for stay relief is timely filed and served, the Movant may submit to the Court an appropriate order which substantially conforms to Local Form CSD 1162 or CSD 1165. The order must: (1) (2) (3) state the date the motion was filed; state the particular relief requested; and if pertaining to foreclosure of real property, provide a full legal description and any street address for the property. (b) Contested Motion.

At the conclusion of the hearing on a contested motion for stay relief, the prevailing party must submit an order in accordance with LBR 7054-3. (c) Stipulated Motion. An order approving a motion for approval of a Stipulation for relief from stay must comply with LBR 4001-5(a) and, in chapter 11 cases, provide evidence of compliance with FRBP 4001(d)(1) and (2).

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